Cathy v. Kuzmicz et al

Filing 46

ORDER OF DISMISSAL. Signed by Judge Phyllis J. Hamilton on 2/17/2021. ***Civil Case Terminated. (kcS, COURT STAFF) (Filed on 2/17/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

Case 4:19-cv-05932-PJH Document 46 Filed 02/17/21 Page 1 of 1

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHARLES RAY CATHY,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 19-cv-05932-PJH
ORDER OF DISMISSAL

v.
K. HOOD, et al.,
Defendants.

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Plaintiff, a state prisoner, proceeds with a pro se civil rights complaint under 42

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U.S.C. § 1983. On December 22, 2020, the court granted defendants’ motion for

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summary judgment and dismissed two claims as unexhausted and granted defendants’

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motion to dismiss for plaintiff’s two remaining claims. The two claims in the motion to

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dismiss were dismissed with leave to amend. The court discussed the deficiencies of the

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claims and provided plaintiff until February 1, 2021, to file a second amended complaint.

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The time to file a second amended complaint has passed and plaintiff has not submitted

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a second amended complaint or otherwise communicated with the court. The case is

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DISMISSED for the reasons set forth in the prior order. The clerk shall close this case.

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IT IS SO ORDERED.
Dated: February 17, 2021

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/s/ Phyllis J. Hamilton
PHYLLIS J. HAMILTON
United States District Judge